Nicole Rodriguez Van Dyk

Nicole Rodriguez Van Dyk focuses her practice on white-collar criminal defense, government and regulatory investigations and complex civil litigation. She's a principal at Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow, P.C., where she has been since 2012.

"I'm lucky to have a full practice of interesting cases," she said.

In mid-April, Van Dyk obtained final dismissal for her defendant client accused of masterminding a $100 million worker's compensation fraud in a health care matter. Earlier she'd persuaded the court to dismiss 89 out of 90 counts originally charged in the case. People v. Ahmed et al., 16CF1351 (Orange Sup. Ct., filed June 20, 2016).

After a 12-day evidentiary hearing in 2019, the Orange County Superior Court Judge F. Sheila Hanson ruled that the district attorney's office invaded the attorney-client privilege. She recused part of the investigatory team and issued a sanctions order precluding the use of evidence tainted by the privilege invasion. In February 2022, the judge ruled that the prosecution could not present any evidence against her client, leading to her April dismissal order.

"The judge made it clear that the work we did on cross-examining their witnesses established widespread invasion of the attorney-client privilege," Van Dyk said.

Meanwhile, she continues to represent the Los Angeles Angels in civil lawsuits and a Department of Justice criminal matter stemming from the 2019 death of pitcher Tyler Skaggs, who choked on his vomit under the influence of fentanyl, oxycodone and alcohol. The opiates were allegedly supplied by the team's director of communications, Eric Kay. USA v. Kay, 4:20-cr- 00269 (N.D. Texas., filed Oct. 15, 2020).

Van Dyk's demurrer in one of the civil cases was granted with leave to amend; another in Texas is pending. In the criminal case, with the Angels a third party, federal prosecutors sought records of Bird Marella's internal investigation of the incident.

"We cooperated," Van Dyk said, withholding only information protected by the attorney-client and work product privileges. She successfully fought off a subpoena, which was quashed in a court order stating, "When the government's speculation is juxtaposed against the declaration presented by Van Dyk, the government's failure to meet its... burden is glaring."

And in the high-profile U.S. Private Vaults case, Van Dyk represents about a dozen boxholders whose property was unlawfully searched in a 2021 government raid in Beverly Hills. She and colleagues uncovered lack of probable cause is warrants and other government missteps, leading to the return of tens of millions of dollars in property to scores of clients. In re Search and Seizure of Box No. 8309 at U.S. Private Vaults, 21- cv-02803 (C.D. Cal., filed April 26, 2021).

"The government tried to turn an investigation of vault management into a green light to search customers," Van Dyk said.

- John Roemer